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Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

SC/ST Act – For offence to be constituted, there must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such `community’. [PLRonline #497684]

IPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]

Consumer Protection Act – Stocks and shares – Invesment in – Complainant is not a Consumer – It is not the case of the Complainant that he had invested the money in share market exclusively for earning his livelihood. [2022 PLRonline 0596 (NCDRC)]

NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]

Court proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163]

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Court proceedings –  Videography –  Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped, photographed or telecast without taking prior written permission from the High Court. [PLRonline]

NDPS S. 2 (viia)  read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A –  “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance  –  Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A)   – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

Insurance – Mediclaim policy – Pre existing disease  – Non-disclosure – Burden of  proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

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IBC S. 238A - Limitation - We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC - Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied

Limitation - When stakes are high, the explanation should not be rejected by taking a pedantic and hyper technical view of the matter, causing thereby irreparable loss and injury to the party against whom the lis terminates - 

Home CIVIL Limitation Act, 1963

Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

by PLRonline
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limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on termination of the earlier proceedings –  Is to be read as a whole –  A conjoint and careful reading of Sub-Sections (1), (2) and (3) of Section 14 makes it clear that an applicant who has prosecuted another civil proceeding with due diligence, before a forum which is unable to entertain the same on account of defect of jurisdiction or any other cause of like nature, is entitled to exclusion of the time during which the applicant had been prosecuting such proceeding, in computing the period of limitation – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause. Where such proceedings have ended, the outer limit to claim exclusion under Section 14 would be the date on which the proceedings ended. 

Held, To cite an example, if a party were to file a suit in a wrong forum, to enforce payment of money secured by a mortgage or charge upon immovable property, for which the prescribed period of limitation is twelve years, after expiry of three years from the date of accrual of the right to sue, and then file an application under Section 7 of the ibc after dismissal of the suit for want of jurisdiction, that application under Section 7 of the IBC would be time barred since such party would not be entitled to exclusion of any period of time beyond the date of institution and date of termination of the earlier proceeding. If after exclusion of the time between the initiation and termination of the proceedings instituted bona fide and in good faith and prosecuted with due diligence, an application was still beyond three years, Section 14 would not help save limitation. To cite another example, if civil proceedings were initiated in a wrong forum in good faith and prosecuted with due diligence, but after the proceedings ended, time was wasted by making frivolous, meritless applications, the applicant would only be entitled to exclusion of time from the date of initiation till the end of the proceedings initiated in good faith and bona fide and pursued diligently, and no more. The applicant would not be entitled to exclusion of any further time spent in pursuing frivolous further proceedings, or otherwise.   

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